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Diversion Programs in New Jersey
What is a Diversion?
A Diversion Program is, generally speaking, a program for first time offenders that allows certain individuals accused of a criminal offense to complete a period of probation and, after successfully completing probation, to have their charges dismissed.
If you are you facing a criminal charge for the first time you may qualify for one of New Jersey's criminal diversion programs. Contact a criminal defense attorney at Brickfield & Donahue to learn about the legal options available to you.
What Diversion Programs Does New Jersey Have?
New Jersey has three types of diversion programs at the adult level :
The Conditional Discharge Program: This program, also known as Chapter 36A, is available to those who face misdemeanor or disorderly persons drug charges or drug like charges. In order to qualify for the program the defendant must have no prior drug related criminal history and cannot have been given the opportunity to go through any of New Jersey's diversionary programs before. Like Pre-Trial Intervention, the Conditional Discharge Program lasts anywhere from 6 months to 3 years, after which charges are dismissed (assuming full compliance with the terms and conditions of the program).
Pre-Trial Intervention (PTI): This program is available for indictable (felony) offenders with no prior criminal history. Typically lasting 6 months to 3 years, the program is an alternative to prison time and acts as a period of probation. Charges are dismissed after successful completion of the program.
The Conditional Dismissal Program: This program is New Jersey's newest diversion program. The Conditional Dismissal Program became effective on January 4, 2014. This program only applies to certain first time offenders charged with disorderly persons offenses and petty disorderly persons offenses (misdemeanors) which occurred on or after January 4, 2014.
Excluded from consideration are: charges covered by the Conditional Discharge Program; charges related to organized gang activity; charges related to a continuing criminal or business enterprise; charges related to a breach of the public trust by a public officer or employee; certain domestic violence offenses; offenses against an elderly, disabled or minor person; offenses involving driving or operating a motor vehicle while under the influence; and offenses involving a violation of animal cruelty laws. The Conditional Dismissal Program is similar to Pre-Trial Intervention however it only applies to certain disorderly persons offenses and petty disorderly persons offenses (misdemeanors) and the program lasts from 1 to 2 years.
More About New Jersey's Diversion Programs
Am I eligible for a Diversion Program in New Jersey?
New Jersey's diversion programs are available to certain first time felony crime, drug crime, disorderly persons and petty disorderly persons offenders with clean criminal records. . These programs serve as an alternative to prison or jail time and may result in the charges against you being dismissed. Admittance to a diversion program often requires extensive negotiation and/or litigation by an experienced lawyer.
Our lawyers have more than 50 years of combined legal experience. They are skilled negotiators and litigators and they will vigorously represent your interests. If you are interested in participating in a criminal diversion program, speak to attorneys Paul B. Brickfield or Joseph R. Donahue, we can help.
Contact Our Attorneys About Criminal Diversion Programs
To learn more about criminal diversion programs, we encourage you to contact our office in River Edge, New Jersey. Call us at (201) 574-7919 or send us an email. We will get back to you promptly.
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